How is the "Street Racing law" working?

[Asher]

Originally posted by SlowwHand
You're not supposed to drive your motorcycle between lanes of vehicles.

Yes, that is against the law but it is not street racing. That is the point.

The cops are using the street racing law indiscriminately whenever they feel like they need to flex their muscles because it allows them to immediately seize a person's car or license when the law actually intended for that situation relies on something known as due process.

They are using the law to get their rocks off and be macho men, then the courts are overwhelmingly saying the charges don't hold. But the ***** of it all is the person doesn't get ANY money back from the thousands spent as a result of the bogus charge.

There's something heinously wrong here, and the supreme court needs to step in and put the cops in their place and fix this ridiculous law. Ontario is the stupidest province I've ever seen.

[Felch]

Originally posted by Spec
If a cop ever catches up to me, its because I decided to let him.

Spec.

God bless you, Spec.

Seriously, this is why we in the States have a Second Amendment. Cops sometimes overstep their bounds, and they can not be trusted to protect our liberties.

Amen to Asher on the due process issue. Whoever passed this law in your government should be hanged as a tyrant. Ditto for that cop the article cited.

Maybe if y'all shot a few redcoats you wouldn't have these problems.

[SlowwHand]

Golly. Here I get in trouble for wanting to execute murderers, and now here's someone saying shoot the cops.
Hard to tell what's acceptable around here.

The motorcycle dude was probably "stunt driving".

[Felch]

I'm not saying they should shoot all cops, just the bad ones.

[Wezil]

Originally posted by Asher
There's something heinously wrong here, and the supreme court needs to step in and put the cops in their place and fix this ridiculous law. Ontario is the stupidest province I've ever seen.

It will be struck down/amended before it reaches the SCOC. Our firm has a case we will push through the Ontario Appeal courts (if need be).

Our issue is duplicity. The exact same fact situation is leading to charges of Speeding (say 60 over) and Racing. People are being punished twice for the same offence.

[Wezil]

Originally posted by SlowwHand

The motorcycle dude was probably "stunt driving".

That was the cops assertion as well however it wouldn't hold up.

The actual definition (relevent part bolded):

Definition, “race” and “contest”

2. (1) For the purposes of section 172 of the Act, “race” and “contest” include any activity where one or more persons engage in any of the following driving behaviours:

1. Driving two or more motor vehicles at a rate of speed that is a marked departure from the lawful rate of speed and in a manner that indicates the drivers of the motor vehicles are engaged in a competition.

2. Driving a motor vehicle in a manner that indicates an intention to chase another motor vehicle.

3. Driving a motor vehicle without due care and attention, without reasonable consideration for other persons using the highway or in a manner that may endanger any person by,

i. driving a motor vehicle at a rate of speed that is a marked departure from the lawful rate of speed,

ii. outdistancing or attempting to outdistance one or more other motor vehicles while driving at a rate of speed that is a marked departure from the lawful rate of speed, or

iii. repeatedly changing lanes in close proximity to other vehicles so as to advance through the ordinary flow of traffic while driving at a rate of speed that is a marked departure from the lawful rate of speed. O. Reg. 455/07, s. 2 (1).

There was no "marked departure from the lawful rate of speed". The cop was either a) wrong and didn't know it or, b) wrong and he was flexing his muscles (the Asher theory).

I'll just say he was wrong.

[Asher]

Driving two or more motor vehicles

How can someone drive two or more motor vehicles?

[Wezil]

I'd say that would be a stunt.

[Asher]

I just punched a hole in that law the size of Texas. :flex:

[Wezil]

Except it goes on to talk about "drivers"

[snoopy369]

It begins with where 'one or more persons', also.

[snoopy369]

Originally posted by Wezil


It will be struck down/amended before it reaches the SCOC. Our firm has a case we will push through the Ontario Appeal courts (if need be).

Our issue is duplicity. The exact same fact situation is leading to charges of Speeding (say 60 over) and Racing. People are being punished twice for the same offence.

If I take a knife to someone and they die, I committed assault, battery, and murder, all for the same specific act, right? Isn't this just (in essence) a higher level of charge; and as long as you only have one of them at any given time it's okay?

[Ninot]

Originally posted by Asher

Ontario is the stupidest province I've ever seen.

Somehow, this makes me proud of Quebec

[Wezil]

Originally posted by snoopy369


If I take a knife to someone and they die, I committed assault, battery, and murder, all for the same specific act, right? Isn't this just (in essence) a higher level of charge; and as long as you only have one of them at any given time it's okay?

You are correct. The problem with the Racing law in Ontario is that it is defined by actions. One of those actions (and the #1 reason why charges are being laid) is excessive speed. 50+ kms over the limit constitutes "racing". The practice however is for the police to issue TWO tickets, one for Racing and one for Speeding. This is the duplicity I speak of.

[Garth Vader]

Originally posted by Wezil


You are correct. The problem with the Racing law in Ontario is that it is defined by actions. One of those actions (and the #1 reason why charges are being laid) is excessive speed. 50+ kms over the limit constitutes "racing". The practice however is for the police to issue TWO tickets, one for Racing and one for Speeding. This is the duplicity I speak of.

Which is dumb cause speed fines go much higher if you are way over the limit.